Interpretation of this Part
94.—(1) In this Part, “dominant tenement” and “servient tenement” mean, respectively, the land to which the benefit of an easement has been made appurtenant, and the land which is subject to the burden of an easement.(2) Nothing in this Act is to be construed as altering the law relating to the natural rights to support, light, air, water, or to access to a highway, nor as altering any rule or principle of law which implies in the grant of an easement such ancillary rights as may be necessary for the effective enjoyment of the easement.
—(1) In this Part, “dominant tenement” and “servient tenement” mean, respectively, the land to which the benefit of an easement has been made appurtenant, and the land which is subject to the burden of an easement.
(2) Nothing in this Act is to be construed as altering the law relating to the natural rights to support, light, air, water, or to access to a highway, nor as altering any rule or principle of law which implies in the grant of an easement such ancillary rights as may be necessary for the effective enjoyment of the easement.
Licences not to be registered
95.—(1) The Registrar must not register as an easement any instrument purporting to create an interest —(a)
of a kind which has not been recognised by law as an easement; or
(b)
which is not expressed to be appurtenant to land (whether registered land or otherwise) of a person other than the proprietor or owner of the site of the easement.
(2) The Registrar must not notify any licence in the land‑register, but in any case where a licence relating to the use or enjoyment of land is by law binding on assigns of the licensor, the licensee thereunder is deemed to have an interest in the land for the purposes of section 115.
(3) An inadvertent contravention of this section does not give to any interest a greater operation or effect than the interest would have had without registration or notification.
—(1) The Registrar must not register as an easement any instrument purporting to create an interest —(a)
of a kind which has not been recognised by law as an easement; or
(b)
which is not expressed to be appurtenant to land (whether registered land or otherwise) of a person other than the proprietor or owner of the site of the easement.
(2) The Registrar must not notify any licence in the land‑register, but in any case where a licence relating to the use or enjoyment of land is by law binding on assigns of the licensor, the licensee thereunder is deemed to have an interest in the land for the purposes of section 115.
(3) An inadvertent contravention of this section does not give to any interest a greater operation or effect than the interest would have had without registration or notification.
Easements for installations
96. For the purposes of this Act, the fact that a right to lay or maintain pipes or other installations through the land of a proprietor confers on the person or authority entitled to that right the exclusive possession or occupation of the soil, or of the space occupied by the pipes or other installations, does not of itself prevent the right of passage of matter or energy through the pipes or other installations being registrable as an easement.
Registration necessary for creation of easements
97.—(1) An easement is not acquired over registered land by long‑continued user adverse to a proprietor, nor by prescription, nor by any presumption of a lost grant, nor by any implication of law except as may be provided in this Act or section 10 of the State Lands Act 1920; but where an easement is intended to be created, the proprietor may execute an instrument of grant in the approved form, or, if the easement is being created incidentally to a transfer or lease, by appropriate words in the transfer or lease.[11/2015]
(2) An instrument of transfer which reserves out of the land transferred an easement appurtenant to other land of the transferor is, upon registration, effective as a regrant of the easement to the transferor without execution of the instrument by the transferee.
(3) The instrument creating an easement must indicate clearly —(a)
the nature of the easement and the extent of the land burdened by the easement;
(b)
the dominant tenement; and
(c)
the conditions, limitations and restrictions (if any) intended to affect the enjoyment of the easement.
(4) The servient tenement must be described in accordance with section 54 except that where an easement relates to the passage of matter or energy through underground pipes, cables or other installations, which cannot conveniently be located, the Registrar may accept for registration an instrument in which the servient land is described approximately only.
(5) An easement must be registered by the entry of a memorial thereof on the folio for the servient tenement.
(6) A notification of the easement must be entered on the folio for the dominant tenement unless the proprietor thereof agrees to dispense with any notification.
(7) Where a grant of an easement over registered land is expressed to be appurtenant to land which is not under the provisions of this Act, the Registrar need not be concerned to consider whether the person described therein as grantee is entitled to the land described as the dominant tenement if that person is expressed to be the owner for the time being of that land.
—(1) An easement is not acquired over registered land by long‑continued user adverse to a proprietor, nor by prescription, nor by any presumption of a lost grant, nor by any implication of law except as may be provided in this Act or section 10 of the State Lands Act 1920; but where an easement is intended to be created, the proprietor may execute an instrument of grant in the approved form, or, if the easement is being created incidentally to a transfer or lease, by appropriate words in the transfer or lease.[11/2015]
(2) An instrument of transfer which reserves out of the land transferred an easement appurtenant to other land of the transferor is, upon registration, effective as a regrant of the easement to the transferor without execution of the instrument by the transferee.
(3) The instrument creating an easement must indicate clearly —(a)
the nature of the easement and the extent of the land burdened by the easement;
(b)
the dominant tenement; and
(c)
the conditions, limitations and restrictions (if any) intended to affect the enjoyment of the easement.
(4) The servient tenement must be described in accordance with section 54 except that where an easement relates to the passage of matter or energy through underground pipes, cables or other installations, which cannot conveniently be located, the Registrar may accept for registration an instrument in which the servient land is described approximately only.
(5) An easement must be registered by the entry of a memorial thereof on the folio for the servient tenement.
(6) A notification of the easement must be entered on the folio for the dominant tenement unless the proprietor thereof agrees to dispense with any notification.
(7) Where a grant of an easement over registered land is expressed to be appurtenant to land which is not under the provisions of this Act, the Registrar need not be concerned to consider whether the person described therein as grantee is entitled to the land described as the dominant tenement if that person is expressed to be the owner for the time being of that land.
Power of court to create easements
97A.—(1) The court may, on application by an interested person (called in this section the applicant), make an order creating an easement over registered land if the easement is reasonably necessary for the effective use or development of other land (whether registered or unregistered) that will have the benefit of the easement.[8/2014]
(2) An order under subsection (1) may be made only if the court is satisfied —(a)
that the use of the land to which the benefit of the easement is to be made appurtenant will not be inconsistent with the public interest;
(b)
that the proprietor of the land to be burdened by the easement can be adequately compensated for any loss or other disadvantage that will arise from the creation of the easement; and
(c)
that all reasonable attempts have been made by the applicant to obtain the easement or an easement having the same effect directly from the proprietor of the land to be burdened by the easement.[8/2014]
(3) An order made under subsection (1) must specify the nature and terms of the easement and such of the particulars referred to in section 97(3) as are appropriate.[8/2014]
(4) The costs of the proceedings are payable by the applicant, unless the court otherwise orders.[8/2014]
(5) An easement created under this section does not bind the land to which the benefit of the easement is to be made appurtenant until it has been registered in accordance with section 97.[8/2014]
(6) In this section, “interested person” means a person with an interest in the land to which the benefit of an easement created under this section will be made appurtenant.[8/2014]
—(1) The court may, on application by an interested person (called in this section the applicant), make an order creating an easement over registered land if the easement is reasonably necessary for the effective use or development of other land (whether registered or unregistered) that will have the benefit of the easement.[8/2014]
(2) An order under subsection (1) may be made only if the court is satisfied —(a)
that the use of the land to which the benefit of the easement is to be made appurtenant will not be inconsistent with the public interest;
(b)
that the proprietor of the land to be burdened by the easement can be adequately compensated for any loss or other disadvantage that will arise from the creation of the easement; and
(c)
that all reasonable attempts have been made by the applicant to obtain the easement or an easement having the same effect directly from the proprietor of the land to be burdened by the easement.[8/2014]
(3) An order made under subsection (1) must specify the nature and terms of the easement and such of the particulars referred to in section 97(3) as are appropriate.[8/2014]
(4) The costs of the proceedings are payable by the applicant, unless the court otherwise orders.[8/2014]
(5) An easement created under this section does not bind the land to which the benefit of the easement is to be made appurtenant until it has been registered in accordance with section 97.[8/2014]
(6) In this section, “interested person” means a person with an interest in the land to which the benefit of an easement created under this section will be made appurtenant.[8/2014]
Implied easements for passage of water, electricity, drainage, gas and sewerage for development
98.—(1) There is implied in respect of each lot of land which forms part of the same development (called hereinafter the lot) as follows:(a)
in favour of the proprietor of the lot, and as appurtenant thereto, easements for the passage or provision of water, electricity, drainage, gas and sewerage through or by means of any sewers, pipes, wires, cables or ducts to the extent to which those sewers, pipes, wires, cables or ducts are capable of being used in connection with the enjoyment of the lot;
(b)
as against the proprietor of the lot, and to which the lot is subject, easements for the passage or provision of water, electricity, drainage, gas and sewerage through or by means of any sewers, pipes, wires, cables or ducts, as appurtenant to every other lot capable of enjoying such easements.
(2) All ancillary rights and obligations reasonably necessary to make the easements mentioned in subsection (1) effective are implied.
(3) The easements implied by this section entitle the proprietor of the dominant tenement to enter on the servient tenement at all reasonable times to repair, renew or restore any sewers, pipes, cables, wires or ducts as appears necessary but the proprietor of the dominant tenement must make good any damage caused to the servient tenement.
(4) In respect of all the easements implied by this section, there is also implied a covenant, binding all parties enjoying the benefit of such easements, to contribute to the cost of construction, maintenance or repair of the sewers, pipes, cables, wires or ducts — the subject of the easements — as if the easements and the covenant to contribute had been created by an instrument registered under this Act and, so long as such easements subsist, the covenant to contribute binds any successor in title enjoying the benefit of the easements except that such a covenant is not implied where the proprietor of any lot is able to show that that proprietor is entitled to enjoy the easements free from the liability to contribute.
(5) Subsection (4) does not render any person liable to contribute to expenditure incurred at a time before the person became, or after the person ceased to be, a proprietor of the tenement to which the liability is attached.
(6) Unity of seisin of 2 or more lots does not destroy the easements implied by this section but on the cessation of such unity, they continue in full force and effect as if the seisin had never been united.
(7) The easements implied by this section are enforceable without any memorial or notification on the folios, and accordingly section 97(5) and (6) does not apply thereto.
(8) In this section —“development” means any land subdivided into 2 or more lots under section 12(3) of the Planning Act 1998 where those lots are affected by common easements for the passage or provision of water, electricity, drainage, gas or sewerage that are capable of being created as cross easements by an instrument and enjoyed as such by those lots;
“lot” means a parcel of land forming part of a development, to which the Chief Surveyor has allotted a survey lot number.[8/2014]
—(1) There is implied in respect of each lot of land which forms part of the same development (called hereinafter the lot) as follows:(a)
in favour of the proprietor of the lot, and as appurtenant thereto, easements for the passage or provision of water, electricity, drainage, gas and sewerage through or by means of any sewers, pipes, wires, cables or ducts to the extent to which those sewers, pipes, wires, cables or ducts are capable of being used in connection with the enjoyment of the lot;
(b)
as against the proprietor of the lot, and to which the lot is subject, easements for the passage or provision of water, electricity, drainage, gas and sewerage through or by means of any sewers, pipes, wires, cables or ducts, as appurtenant to every other lot capable of enjoying such easements.
(2) All ancillary rights and obligations reasonably necessary to make the easements mentioned in subsection (1) effective are implied.
(3) The easements implied by this section entitle the proprietor of the dominant tenement to enter on the servient tenement at all reasonable times to repair, renew or restore any sewers, pipes, cables, wires or ducts as appears necessary but the proprietor of the dominant tenement must make good any damage caused to the servient tenement.
(4) In respect of all the easements implied by this section, there is also implied a covenant, binding all parties enjoying the benefit of such easements, to contribute to the cost of construction, maintenance or repair of the sewers, pipes, cables, wires or ducts — the subject of the easements — as if the easements and the covenant to contribute had been created by an instrument registered under this Act and, so long as such easements subsist, the covenant to contribute binds any successor in title enjoying the benefit of the easements except that such a covenant is not implied where the proprietor of any lot is able to show that that proprietor is entitled to enjoy the easements free from the liability to contribute.
(5) Subsection (4) does not render any person liable to contribute to expenditure incurred at a time before the person became, or after the person ceased to be, a proprietor of the tenement to which the liability is attached.
(6) Unity of seisin of 2 or more lots does not destroy the easements implied by this section but on the cessation of such unity, they continue in full force and effect as if the seisin had never been united.
(7) The easements implied by this section are enforceable without any memorial or notification on the folios, and accordingly section 97(5) and (6) does not apply thereto.
(8) In this section —“development” means any land subdivided into 2 or more lots under section 12(3) of the Planning Act 1998 where those lots are affected by common easements for the passage or provision of water, electricity, drainage, gas or sewerage that are capable of being created as cross easements by an instrument and enjoyed as such by those lots;
“lot” means a parcel of land forming part of a development, to which the Chief Surveyor has allotted a survey lot number.[8/2014]
Implied easements for right of way and other rights shown in subdivision plan
99.—(1) Where the competent authority has approved the development and subdivision of any land comprised in an estate before or after 1 March 1994 and the subdivision plan has been submitted to the competent authority, there is implied, in respect of each lot of the estate which is used or intended to be used as a separate tenement, in favour of the registered proprietor of the lot and as appurtenant thereto, all the easements referred to in subsection (1A).[37/2004]
(1A) The easements which are implied under subsection (1) are all such easements of way and drainage, for party wall purposes and for the supply of water, gas, electricity, sewerage and telephone and other services to the lot on, over or under the lands appropriated or set apart for those purposes respectively on the subdivision plan submitted to the competent authority relating to the estate, as may be necessary for the reasonable enjoyment of the lot and of any building or part of a building at any time thereon.[37/2004]
(2) All ancillary rights and obligations reasonably necessary to make the easements referred to in subsection (1A) effective are implied.[37/2004]
(3) In respect of all the easements implied by this section, there is also implied a covenant binding all registered proprietors enjoying the benefit of such easements to contribute to the cost of maintenance or repair of the subject of the easements as if the easements and the covenant to contribute had been created by an instrument registered under this Act and so long as such easements subsist the covenant to contribute binds any successor in title enjoying the benefit of the easements except that in the case of the right to erect and maintain party walls, the implied covenant provided in this subsection binds only the registered proprietors of the lots on which party walls have been erected.
(4) Subsection (3) does not render any person liable to contribute to expenditure incurred at a time before the person became, or after the person ceased to be, a proprietor of the lot to which the liability is attached.
(5) The easements implied by this section are enforceable without any memorial or notification on the folios, and accordingly section 97(5) and (6) does not apply thereto.
(6) Unity of seisin of 2 or more lots does not destroy the easements implied by this section but on the cessation of such unity, they continue in full force and effect as if the seisin had never been united.
(7) The easements implied by this section do not apply to the lots in an estate where subdivision approval was given by the competent authority prior to 1 March 1994 and satisfactory documentary evidence has been produced to the Registrar of the completion of the transfer of any lot in the estate to a purchaser with easements expressly created in an instrument which has been executed and delivered to the purchaser.
(8) In this section —“estate” means any land which has been subdivided into lots under the Planning Act 1998, and includes —(a)
land intended for use as easements to be made appurtenant to other lots within the same estate as shown in the subdivision plan submitted to the competent authority; and
(b)
undeveloped lots (if any) which are shown in the first subdivision plan submitted to the competent authority, each of which is capable of being subdivided as shown in one or more subsequent subdivision plans as and when submitted to or issued by the competent authority;
“lot” means a parcel of land forming part of an estate to which the Chief Surveyor has allotted a survey lot number and also described as a “plot” in a subdivision plan submitted to the competent authority.[37/2004; 8/2014]
—(1) Where the competent authority has approved the development and subdivision of any land comprised in an estate before or after 1 March 1994 and the subdivision plan has been submitted to the competent authority, there is implied, in respect of each lot of the estate which is used or intended to be used as a separate tenement, in favour of the registered proprietor of the lot and as appurtenant thereto, all the easements referred to in subsection (1A).[37/2004]
(1A) The easements which are implied under subsection (1) are all such easements of way and drainage, for party wall purposes and for the supply of water, gas, electricity, sewerage and telephone and other services to the lot on, over or under the lands appropriated or set apart for those purposes respectively on the subdivision plan submitted to the competent authority relating to the estate, as may be necessary for the reasonable enjoyment of the lot and of any building or part of a building at any time thereon.[37/2004]
(2) All ancillary rights and obligations reasonably necessary to make the easements referred to in subsection (1A) effective are implied.[37/2004]
(3) In respect of all the easements implied by this section, there is also implied a covenant binding all registered proprietors enjoying the benefit of such easements to contribute to the cost of maintenance or repair of the subject of the easements as if the easements and the covenant to contribute had been created by an instrument registered under this Act and so long as such easements subsist the covenant to contribute binds any successor in title enjoying the benefit of the easements except that in the case of the right to erect and maintain party walls, the implied covenant provided in this subsection binds only the registered proprietors of the lots on which party walls have been erected.
(4) Subsection (3) does not render any person liable to contribute to expenditure incurred at a time before the person became, or after the person ceased to be, a proprietor of the lot to which the liability is attached.
(5) The easements implied by this section are enforceable without any memorial or notification on the folios, and accordingly section 97(5) and (6) does not apply thereto.
(6) Unity of seisin of 2 or more lots does not destroy the easements implied by this section but on the cessation of such unity, they continue in full force and effect as if the seisin had never been united.
(7) The easements implied by this section do not apply to the lots in an estate where subdivision approval was given by the competent authority prior to 1 March 1994 and satisfactory documentary evidence has been produced to the Registrar of the completion of the transfer of any lot in the estate to a purchaser with easements expressly created in an instrument which has been executed and delivered to the purchaser.
(8) In this section —“estate” means any land which has been subdivided into lots under the Planning Act 1998, and includes —(a)
land intended for use as easements to be made appurtenant to other lots within the same estate as shown in the subdivision plan submitted to the competent authority; and
(b)
undeveloped lots (if any) which are shown in the first subdivision plan submitted to the competent authority, each of which is capable of being subdivided as shown in one or more subsequent subdivision plans as and when submitted to or issued by the competent authority;
“lot” means a parcel of land forming part of an estate to which the Chief Surveyor has allotted a survey lot number and also described as a “plot” in a subdivision plan submitted to the competent authority.[37/2004; 8/2014]
Extinguishment by union of tenements
100.—(1) Except as provided in sections 98 and 99, where upon the registration of a transfer or other instrument, the same person becomes the proprietor for the same estate and in the same interest of both dominant and servient tenements, it is the duty of that proprietor to indicate the fact of such union of tenements in the instrument by which it is effected.(2) Upon the registration of the transfer or other instrument, the Registrar must, at the request of the proprietor, cancel the registration and notification of the easement except that where the survey lots have been amalgamated as one new survey lot by the Chief Surveyor pursuant to the application made by the proprietor to him or her, the Registrar must, as soon as he or she becomes aware of that amalgamation, cancel the registration and notification of the easement.
(3) For the purposes of this section, parcels of land are not to be deemed to be held for the same estate and in the same interest while one of those parcels is subject to a registered mortgage, charge or lease.
—(1) Except as provided in sections 98 and 99, where upon the registration of a transfer or other instrument, the same person becomes the proprietor for the same estate and in the same interest of both dominant and servient tenements, it is the duty of that proprietor to indicate the fact of such union of tenements in the instrument by which it is effected.
(2) Upon the registration of the transfer or other instrument, the Registrar must, at the request of the proprietor, cancel the registration and notification of the easement except that where the survey lots have been amalgamated as one new survey lot by the Chief Surveyor pursuant to the application made by the proprietor to him or her, the Registrar must, as soon as he or she becomes aware of that amalgamation, cancel the registration and notification of the easement.
(3) For the purposes of this section, parcels of land are not to be deemed to be held for the same estate and in the same interest while one of those parcels is subject to a registered mortgage, charge or lease.
Easements to pass on transfer without express mention
101.—(1) Upon registration of a transfer or lease of land to which an easement is appurtenant, the easement passes to the transferee or lessee without any express mention in the transfer or lease.(2) Where a transfer of part of a dominant tenement contains an express agreement that the easement does not pass to the transferee, registration of the transfer operates to release the easement to the extent to which it had been appurtenant to the part transferred.
(3) Except as provided in subsection (2), an easement, so long as it subsists, continues to be appurtenant to every part of the dominant tenement despite severance.
—(1) Upon registration of a transfer or lease of land to which an easement is appurtenant, the easement passes to the transferee or lessee without any express mention in the transfer or lease.
(2) Where a transfer of part of a dominant tenement contains an express agreement that the easement does not pass to the transferee, registration of the transfer operates to release the easement to the extent to which it had been appurtenant to the part transferred.
(3) Except as provided in subsection (2), an easement, so long as it subsists, continues to be appurtenant to every part of the dominant tenement despite severance.
Contribution to repairs
102.—(1) Where an instrument creating an easement contains a covenant binding either party to contribute to the cost of construction, maintenance or repair of any way, wall, drain or any other matter (the subject of the easement), then, unless a contrary intention is expressed in the instrument, so long as the easement subsists the covenant binds any successor in title to that party as if the successor had been a party to the original covenant.(2) This section does not render any person liable to contribute to expenditure incurred at a time before the person became, or after the person ceased to be, a proprietor of the tenement to which the liability is attached.
(3) For the purpose of subsection (2), any liability of a proprietor of an easement ceases from the time at which the person delivers to the proprietor of the servient tenement a registrable release of the easement.
—(1) Where an instrument creating an easement contains a covenant binding either party to contribute to the cost of construction, maintenance or repair of any way, wall, drain or any other matter (the subject of the easement), then, unless a contrary intention is expressed in the instrument, so long as the easement subsists the covenant binds any successor in title to that party as if the successor had been a party to the original covenant.
(2) This section does not render any person liable to contribute to expenditure incurred at a time before the person became, or after the person ceased to be, a proprietor of the tenement to which the liability is attached.
(3) For the purpose of subsection (2), any liability of a proprietor of an easement ceases from the time at which the person delivers to the proprietor of the servient tenement a registrable release of the easement.
Grant of right of way
103.—(1) In an instrument purporting to create a right of way over registered land, the expressions “right of carriage way” and “right of footway” have the same effect as if there had been inserted in lieu thereof the words respectively contained in Parts 1 and 2 of the Schedule.(2) The expressions mentioned in subsection (1) do not have the meaning attributed to them by this section if any alteration is made in the expressions otherwise than by means of a proviso thereto.
—(1) In an instrument purporting to create a right of way over registered land, the expressions “right of carriage way” and “right of footway” have the same effect as if there had been inserted in lieu thereof the words respectively contained in Parts 1 and 2 of the Schedule.
(2) The expressions mentioned in subsection (1) do not have the meaning attributed to them by this section if any alteration is made in the expressions otherwise than by means of a proviso thereto.
Party walls
104.—(1) In this section, “conveyance” has the meaning given by section 2 of the Conveyancing and Law of Property Act 1886, and includes instruments of transfer taking effect under this Act.(2) Where in a conveyance of land made by a person entitled to convey or to create easements in respect of a wall built on the common boundary of that land and adjoining land so that the boundary passes longitudinally through the wall (whether centrally or otherwise), the wall is described as a “party wall”, that expression means (unless a contrary intention appears) a wall severed vertically and longitudinally with separate ownership of the severed portions, and with cross easements entitling each of the persons entitled to a portion to have the whole wall continue in such a manner that each building supported thereby will have the support of the whole wall, and the conveyance operates to create such easements accordingly.
(3) Upon the registration of the conveyance creating any party wall, the Registrar must include in a memorial entered for the conveyance on the relevant folio a reference to the creation of the party wall rights over the lot numbers as described in the conveyance.
—(1) In this section, “conveyance” has the meaning given by section 2 of the Conveyancing and Law of Property Act 1886, and includes instruments of transfer taking effect under this Act.
(2) Where in a conveyance of land made by a person entitled to convey or to create easements in respect of a wall built on the common boundary of that land and adjoining land so that the boundary passes longitudinally through the wall (whether centrally or otherwise), the wall is described as a “party wall”, that expression means (unless a contrary intention appears) a wall severed vertically and longitudinally with separate ownership of the severed portions, and with cross easements entitling each of the persons entitled to a portion to have the whole wall continue in such a manner that each building supported thereby will have the support of the whole wall, and the conveyance operates to create such easements accordingly.
(3) Upon the registration of the conveyance creating any party wall, the Registrar must include in a memorial entered for the conveyance on the relevant folio a reference to the creation of the party wall rights over the lot numbers as described in the conveyance.
Variation or release of easements
105.—(1) An easement over registered land may be varied or released by an instrument in the approved form.[8/2014]
(2) Where an easement over unregistered land is made appurtenant to registered land, the easement may be varied or released in any manner in accordance with law.[8/2014]
—(1) An easement over registered land may be varied or released by an instrument in the approved form.[8/2014]
(2) Where an easement over unregistered land is made appurtenant to registered land, the easement may be varied or released in any manner in accordance with law.[8/2014]
Power of court to vary or extinguish easements
105A.—(1) The court may, on application by any person with an interest in a servient tenement, make an order to vary or extinguish wholly or in part the easement (including any implied easement) over the servient tenement.[8/2014]
(2) An order under subsection (1) may be made upon the court being satisfied —(a)
that by reason of a change of use of the land affected, as approved by planning permission within the meaning of the Planning Act 1998, or of changes in the character of the land or the neighbourhood, or other circumstances the court considers material, the continued existence of the easement will, unless varied or extinguished, impede the development of the land for public or private purposes without securing practical benefits to the persons entitled to the easement; or
(b)
that the proposed variation or extinguishment will not substantially injure the persons entitled to the easement.[8/2014]
(3) An order varying or extinguishing wholly or in part an easement under subsection (1) may direct the applicant to pay to any person entitled to the benefit of the easement such sum by way of compensation as the court may think just to award under one, but not both, of the following heads:(a)
a sum to make up for any loss or disadvantage suffered by that person in consequence of the variation or extinguishment;
(b)
a sum to make up for any effect which the easement had at the time when it was imposed in reducing the consideration then received for the land affected by it.[8/2014]
(4) An order made under subsection (1) does not vary or extinguish wholly or in part an easement until an instrument in the approved form has been registered.[8/2014]
—(1) The court may, on application by any person with an interest in a servient tenement, make an order to vary or extinguish wholly or in part the easement (including any implied easement) over the servient tenement.[8/2014]
(2) An order under subsection (1) may be made upon the court being satisfied —(a)
that by reason of a change of use of the land affected, as approved by planning permission within the meaning of the Planning Act 1998, or of changes in the character of the land or the neighbourhood, or other circumstances the court considers material, the continued existence of the easement will, unless varied or extinguished, impede the development of the land for public or private purposes without securing practical benefits to the persons entitled to the easement; or
(b)
that the proposed variation or extinguishment will not substantially injure the persons entitled to the easement.[8/2014]
(3) An order varying or extinguishing wholly or in part an easement under subsection (1) may direct the applicant to pay to any person entitled to the benefit of the easement such sum by way of compensation as the court may think just to award under one, but not both, of the following heads:(a)
a sum to make up for any loss or disadvantage suffered by that person in consequence of the variation or extinguishment;
(b)
a sum to make up for any effect which the easement had at the time when it was imposed in reducing the consideration then received for the land affected by it.[8/2014]
(4) An order made under subsection (1) does not vary or extinguish wholly or in part an easement until an instrument in the approved form has been registered.[8/2014]
Cancellation of easements
106.—(1) The Registrar must cancel the registration or notification of an easement upon proof to his or her satisfaction that —(a)
any period of time for which the easement was intended to subsist has expired;
(b)
any event upon which the easement was intended to determine has occurred; or
(c)
the easement has been abandoned.
(2) Where an application is made to the Registrar in the approved form and evidence is furnished to the Registrar of non-user of an easement for a period exceeding 12 years, the Registrar may, without further evidence of abandonment, give notice to the proprietor of the dominant tenement and, in the absence of objection by that proprietor within one month from the service of the notice, treat the easement as abandoned.
—(1) The Registrar must cancel the registration or notification of an easement upon proof to his or her satisfaction that —(a)
any period of time for which the easement was intended to subsist has expired;
(b)
any event upon which the easement was intended to determine has occurred; or
(c)
the easement has been abandoned.
(2) Where an application is made to the Registrar in the approved form and evidence is furnished to the Registrar of non-user of an easement for a period exceeding 12 years, the Registrar may, without further evidence of abandonment, give notice to the proprietor of the dominant tenement and, in the absence of objection by that proprietor within one month from the service of the notice, treat the easement as abandoned.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
